|
|
ANALYSIS OF COMPETENTION ON THE CONSUMER'S MARKET WITH SELECTED COMODITY
SULEKOVÁ, Klára
The aim of this bachelor thesis is the market analysis based on the inkjet cartridges selection possibilities from the consumer point of view. For this reason there were used data acquired from the research of the Consumer Defence Association and information of own survey. The competitive environment was evaluated by the Porter{\crq}s model of five forces. Finally, the market was analyzed from the consumer protection point of view. During the evaluation of obtained information was found that the cartridge market is governed by price competition. In the respondents answers was often quoted that the reason for the purchase of remanufactured cartridges is their cheapness. Concerning the color cartridges was indicated, that their infrequent purchase is bases on their higher price. Other competition arose between the companies with original and alternative cartridges. The companies selling the original cartridges are using the chips to prevent cartridges from renovation. In the market analysis from the consumer point of view was found problems. It was induced by the impact of the competitive fight between the alternative and original cartridges by the chip implementing (into the original cartridges). These chips burden final consumers with the higher cartridge price increasing the printing costs as well. Besides, the main function of these chips is the restriction of the cartridge renovation. It is also interesting, that the printer prices are usually twice higher that the cartridges. This phenomenon appeared as a subsequence of the printer prices decreasing. However the aim of this activity was to remain on the market, it lead leads to the price increase of printer services, supplies and accessories. Considerable obstacle for the consumers is a bad labeling of the cartridges. There is a bad awareness especially in case of cartridge volumes. The guarantee loss by using the alternative cartridge is also a problem. The printer manufactures do not want to bear the responsibility for the products not recommended by them.
|
|
|
Unfair terms in consumer contracts
Pružinská, Lucia ; Čech, Petr (advisor) ; Patěk, Daniel (referee)
Unfair terms in consumer contracts Abstract This master thesis deals with the unfair terms in contracts concluded with consumers. Firstly, the main notions associated with the topic of unfair terms are described, especially the notion of consumer as it is a crucial term for the purpose of this thesis and notions related to it such as entrepreneur, or seller of goods and supplier of services, and consumer contract. Further it deals with the key EU legislation in the context of unfair terms, which is mainly the Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts. The principle of minimum harmonisation on which this Directive is based upon is also explained. Moreover, the case law of the Court of Justice of the European Union, which is indeed rich, considering the length of time period the Directive has already been in force, and has often undergone major developments, is one of the main focus points. In the light of the case law it aims to explain which terms are considered to be unfair, and which aspects are essential to that assessment. These include, for example, the concept of inadequacy and transparency, significant imbalance of rights and obligations or fairness. It explains how these concepts are interpreted and what are the consequences of such unfair terms, in particular...
|
|
|
Business contracts concluded with consumers
Svoboda, Radek ; Liška, Petr (advisor) ; Patěk, Daniel (referee)
Business contracts concluded with consumers Abstract The thesis focuses on the issue of two instruments of control over the content of the contract, which protect consumers from abuse of autonomy of will by the entrepreneur - the protection against unfair contract terms in consumer contracts and the protection against surprising clauses in consumer terms and conditions. The first part of the thesis deals with the issue of unfair terms in consumer contracts, the regulation of which is a transposition of Directive 93/13 EEC. In this part, the form of transposition into the Civil Code is discussed, including their shortcomings, and a comparison of the Czech regulation with the Directive is made. Attention is also paid to the forthcoming amendment to the Civil Code, which aims to remedy the shortcomings of the regulation. Firstly, the purpose of protection, the main principles underlying the protection and the scope of the regulation are presented. The issue of exceptions to the assessment of fairness as a guarantee of the preservation of the principle of autonomy of the will, is then analysed. Following this, the criteria of the fairness test, the procedure by which courts assess the unfair nature of contractual terms, are presented. This is followed by an analysis of the issue of lists of unfair terms. In the...
|
|
|
Consumer protection in insurance
Bezoušková, Tereza ; Patěk, Daniel (advisor) ; Tomášek, Petr (referee)
1 Consumer protection in insurance sector Abstract This thesis deals with the issue of protection of consumers on the insurance market, who are interested in taking out non-life insurance. The level of protection of these customers is being analysed in the timeframe up until the conclusion of the insurance contract, i.e. the thesis deals with obligations of entities subject to distribution law during the process of negotiating with the customer for the purpose of conclusion of insurance, including the obligations set for insurance proposals and carrying out other preparatory work leading to the conclusion of an insurance contract. The above described is closely related to insurance distribution, especially to the obligations of entities subject to distribution law performing this activity. These obligations include requirements for the entities (professional requirements and requirements to ensure the proper exercise of the activity) and at the same time there are legal regulations that regulate the manner of the interaction of the entities with their customers. The thesis primarily focuses on these obligations that are included among the so-called rules of conduct. The obligations related to the provision of advice and pre-contractual information obligations are then analysed in detail. The aim of this...
|
|
|
Specific aspects of creating consumer contracts of sale on the internet
Houdek, Zdeněk ; Patěk, Daniel (advisor) ; Liška, Petr (referee)
Specific aspects of creating consumer contracts of sale on the internet Abstract The topic of this thesis are the Specific aspects of creating consumer contracts of sale on the internet, meaning the specifics that appear during the process of concluding a contract. It aims to describe the specificities that are associated with several aspects of the conclusion of this type of contract, whether as a consequence of consumer protection, the regulation of the distance type of contracts, or the features of the Internet environment. It also aims to identify ways in which these specificities can be overcome in order to conclude a valid purchase contract. To this purpose, it analyses the current statutory provisions, which are applied to the situations regularly associated with internet shopping, while pointing out possible differences in foreign legislation, in particular in the German, Austrian and Slovak legal systems and, to a limited extent, in the legal systems of Hungary and France. The thesis offers de lege ferenda considerations at the final part. The thesis is based on the theoretical definition of a contract, on the requirements of the process of its conclusion, but also on the requirements of the legal act itself. It analyses in depth the regulation of the contracting process, which does not...
|
|
|
European insurance regulation
Bodiš, Michal ; Kunertová, Tereza (advisor) ; Exner, Jan (referee)
The topic of the submitted work is consumer protection in European insurance regulation. In particular, it examines product governance and oversight. The first part is devoted to the definition of the term consumer, as it is the key concept of this thesis. It also includes a definition of consumer protection. The second part of the thesis deals with the historical development of consumer protection in the European Union. In particular, attention is paid to the shift from a virtual absence to the inclusion of consumer protection in the Charter of Fundamental Rights of the European Union. It also examines current consumer protection policy. This part is followed by the development of insurance regulation in European legislation. It shows the gradual trend towards convergence and the creation of a genuine internal market that does not impose unnecessary barriers on its competitors. This section is followed by an analysis of the consequences of the 2008 financial crisis for the insurance sector in terms of institutional arrangements for the supervision of the sector. This section concludes with an analysis of the Solvency II Directive and its impact on consumer protection. The thesis also focuses on consumer protection in insurance distribution. It compares the two most recent directives that have...
|
|
|
Information obligations of financial market entities towards the Czech National Bank
Havlovicová, Jaroslava ; Vybíral, Roman (advisor) ; Kotáb, Petr (referee)
Information obligations of financial market entities towards the Czech National Bank Abstract The information obligations imposed on financial market participants are one of the most important mechanisms for supervisors to properly exercise their powers. In the absence of information obligations on financial market participants, regulation of their activities would be 'blind'. The thesis aims to provide a thorough presentation of the theoretical foundations on which the information obligation is based. It characterises the supervisory authorities at national and EU level, defines their powers and the tools used by obliged entities to provide information. On the other hand, the characteristics of each group of obliged entities and the legal framework of their activities are defined. At the same time, the work does not neglect the closely related issue of consumer protection, which is a significantly weaker party in the environment of financial markets in the legal relations arising here. The rigorous thesis focuses in detail on the legal regulations embedding the information obligation into the Czech legal system, in particular the laws regulating specific sectors of the financial market and the sub-legal regulations of the Czech National Bank, on the basis of which the obliged entities fulfil their...
|
|
|
Consumer Protection in the area of Online Payments made by Payment Cards
Mikulka, Tomáš ; Švestka, Jiří (advisor) ; Pohl, Tomáš (referee)
This thesis analyses the legal frameworks governing consumer protection in the area of online payments made by debit and credit cards in the Czech Republic, the United Kingdom and the United States. The relevant legal provisions of the European Union are analysed as well. The thesis is divided into three chapters. The first chapter deals with consumer protection in the area of online payments made by debit cards. This chapter focuses on the liability for any unauthorized payment transactions made by debit cards and the cases of no consumer's liability, limited consumer's liability and unlimited consumer's liability are discussed there. It is also concerned with the issues of authorization of payment transactions made by debit cards, the limitations on the use of debit cards, specific obligations of both the consumer and the payment provider concerning the use of debit cards, the burden of proof and notification of unauthorized payment transactions made by debit cards. Finally, the legal frameworks of countries mentioned above dealing with consumer protection in the area of online payments made by debit cards are compared. The second chapter deals with the same topics as the first chapter, however, it is from the perspective of consumer protection in the area of online payments made by credit cards....
|
|
|
Regulation of consumer credit
Janeček, Miroslav ; Kohajda, Michael (advisor) ; Vybíral, Roman (referee)
Regulation of consumer credit Abstract (English) Consumer credit is a legal institute and an economic instrument that allows consumer to pay funds that he does not currently have, when purchasing goods or services. Its importance is significant in the consumer society, so its provision and distribution must be regulated. Paragraph 2 of the current Consumer Credit Act No. 257/2016 Coll. defines consumer credit as a deferred payment, a cash loan, credit or similar financial service provided or intermediated to the consumer. The subject of this rigorous work is the analysis of the current regulation of consumer credit in relation to the adoption of the new Act No. 257/2016 Coll., On Consumer Credit, which implements the Directive 2014/17/EU of the European Parliament and of the Council of 4 February 2014 on credit agreements for consumers relating to residential immovable property. The legislator decided to consolidate the regulation of consumer credit into one rule, so the new act also implements the Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers. The new act thus represents a complex regulation covering both the provision and intermediation of consumer credit and the rights and obligations arising from mortgage credit agreement and...
|
|
|
Financial arbitrator
Jendrulková, Anna ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
Financial Arbitrator The legislative introduction of the institute of Financial Arbitrator as the relevant authority for settling out-of-court disputes into Czech law is a relatively new phenomenon, and is related to the interests of consumer protection within the European Union. In particular, the interests of the European Union in this area are to reinforce consumer confidence in the financial market. Given the fact that the majority of consumer disputes are so-called petty disputes, and resolving these disputes before the national courts is too lengthy and costly for consumers, the European Union has placed a duty upon its Member States to introduce the option for consumers, in case of any possible disputes, to be able to turn to the out-of-court dispute settlement authority for assistance in selected areas of the financial market. Any proceedings heard before such authority are free-of-charge and less formalized, thus enabling consumers greater accessibility in protecting their rights against institutions operating in the financial market. The first chapter describes the reasons for the institution of Financial Arbitrator, i.e. it is exactly for the purpose of consumer protection, which should result in increased consumer confidence in the financial market, and the possibility to enforce one's...
|
guest ::
